§ 13-1009. Property interests

   (a) In general. -- This section does not affect the right of the Authority to acquire an option or institute any condemnation proceeding for later acquisition of property once the approval required by this section occurs.

(b) Interests in property necessary or convenient to carry out responsibilities. --

   (1) Subject to annual appropriations and this subtitle, the Authority may acquire in its own name, by gift, purchase, or condemnation, any real or personal property, or interests in property, necessary or convenient to carry out its responsibilities under this subtitle.

   (2) When acquiring in its own name any real or personal property, or interests in property as specified in paragraph (1) of this subsection, the Authority shall first attempt to acquire the property through negotiation and purchase.

   (3) If it is not able to acquire property through negotiation and purchase, the Authority may exercise the powers of condemnation for private property, as provided in subsection (c) of this section.

(c) Power of condemnation. -- Subject to subsection (b) of this section, prior approval of the Board of Public Works, and review by the Legislative Policy Committee, the Authority may exercise the power of ordinary condemnation for any private property for any purpose of the Authority:

   (1) In accordance with Title 12 of the Real Property Article; and

   (2) In the park corridor only.

(d) Conveyance of property interest to Authority. --

   (1) Subject to the prior approval of the Board of Public Works:

      (i) The State, its agencies, and any local jurisdiction within the Heritage Area may lease, lend, grant, or otherwise convey to the Authority, at its request, any property or interest therein, including property devoted to public use, that is necessary or convenient for the purposes of this subtitle; or

      (ii) The State may lease or sublease any property or interest therein from or to the Authority, whether or not any building or structure is constructed or usable thereon.

   (2) Lease payments appropriated by the State to the Authority shall be transferred to the Fund.

(e) Planning, zoning, and development regulations. -- For any acquisition of real or personal property or interest in property in the City of Cumberland or in Allegany County, other than in the park corridor, the Authority shall comply with any applicable local planning, zoning, and development regulations to the same extent as a private commercial or industrial enterprise.

HISTORY: 1993, ch. 544; 2001, ch. 556.